Strict compliance with statutory provisions in rent legislation matters, and the mandatory nature of section 7(3) regarding the deposit of arrear rent.

Ashis Kumar Chakraborty, J.

1. Since the orders impugned in these revisional applications were passed in the ejectment suit filed by the opposite party, under the West Bengal Premises Tenancy Act, 1997 (in short "the Act of 1997") deciding the applications filed by the defendant petitioner under sections 7(1) and section 7(2) of the Act of 1997 and the application of the opposite party under section 7(3) of the Act of 1997 in order to avoid prolixity, both the revisional applications are disposed of by this common judgment and order.

2. The facts giving rise to these revisional applications may be briefly stated. The opposite party instituted the Ejectment Suit No. 31 of 2013, before the learned Civil Judge (Senior Division), 10th Court at Alipore, South 24-Parganas claiming eviction of the petitioner from the suit property on the ground, inter-alia, for default in payment of rent. The suit was filed under the Act of 1997 and the revisional petitioner, as the defendant tenant filed two separate applications the first, under section 7(1) and the other under section 7(2) of the Act of 1997. In both the said applications it was the case of the petitioner that he was a tenant in respect of the suit property under Smt. Gouri Roy, since deceased (hereinafter referred to as "the original owner") at the monthly rental of Rs. 800/- during the subsistence of the tenancy, on September 08, 2005 he entered into an agreement with the original owner to purchase the suit property for a consideration of Rs. 7,00,000/- within January 31, 2006 and paid Rs. 3,00,000/- to the original owner as earnest money or part consideration but the original owner died on September 22, 2005. According to the petitioner the original owner had no child, in spite of his various efforts and issuance of a public notice he could not find any heir and legal representative, either of the original owner or of her predeceased husband. However, after receipt of a notice under section 6(4) of the Act of 1997 from the opposite party claiming to have become the owner of the suit property by virtue of duly probated will of the original owner, the petitioner filed Title Suit No. 2748 of 2012, before the learned Court below, against the opposite party claiming a decree for specific performance of the agreement for sale of the suit property entered into by the original owner, since deceased. The petitioner also claimed to have filed Title Suit No. 2533 of 2013 (originally numbered as Title Suit No. 42 of 2013), before the learned Civil Judge (Junior Division), 2nd Court at Alipore against the opposite party, claiming that he is not liable to pay any rent in respect of the suit property from the month of February, 2006. The petitioner alleged that up to the month of August, 2005 he had paid rent to the original owner and in view of the said agreement dated September 08, 2005 entered with the original owner, from the month of February, 2006 he is not liable to pay any rent in respect of the suit property. In the application under section 7(1) of the Act of 1997 the petitioner prayed for an order before the learned Court below to allow him to deposit the arrear monthly rent in respect of the suit property for the months of September, 2005 to January, 2006 together with statutory interest with the learned Court below.

3. In the application under section 7(2) of the Act of 1997 the petitioner only prayed for the learned Court below to adjudicate his liability to pay monthly rent in respect of the suit property from the month of February, 2005 onwards.

4. On March 28, 2016 the learned Court below heard both the applications filed by the petitioner under section 7(1) and section 7(2) of the Act of 1997. By order dated March 28, 2016 the learned Court below held that though the defendant petitioner had admitted the default in payment of rent between September, 2005 to January 2006 but he has not filed any document showing the payment of current rent, as well as arrear rent. The l